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MAJOR confusion for 485 (Graduate Work Stream- 18 months visa) applicants who got their first student visa before 5th Nov 2011.
From 1st of July 2014 Graduate Work Stream (485) visa regulations were amended.
The current regulations is:
485.223
[485.223] When the application was made, it was accompanied by evidence that THE APPLICANT HAD APPLIED FOR AN ASSESSMENT of the applicant’s skills for the nominated skilled occupation by a relevant assessing authority.
485.224
[(1) repealed/substituted by MLA(2014MNo.1)R 2014 with effect on and from 01/07/2014 – transitional/application see Sch 13 3102 – LEGEND note]
[485.224] (1) AT THE TIME OF APPLICATION:
(a) THE SKILLS OF THE APPLICANT FOR THE APPLICANT’S NOMINATED SKILED OCCUPATION HAD BEEN ASSESSED BY A RELEVANT ASSESSING AUTHORITY AS SUITABLE FOR THAT OCCUPATION; AND
(b) if the assessment specified a period during which the assessment was valid, and the period DID NOT END MORE THAN 3 YEARS after the date of the assessment – the period had not ended; and
(c) if paragraph (b) did not apply – not more than 3 years had passed since the date of the assessment.
[485.224] (2) If the applicant’s skills were assessed on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course.
When you read 485.224(1)(a) you can see that it requires a suitable skill assessment at the time of visa lodgement.
This of totally contradictory to 485.223 where skill assessment receipt is acceptable to apply for visa.
DIBP has certainly made an error while updating this. But as its very much there you can’t ignore it until department sort this out.
Therefore we STRONGLY advice you to please have your skill assessment outcome at the time of application or else wait for sometime to get a clarification from department.
PLEASE CONTACT US URGENTLY IF YOU ARE IN SIMILAR SITUATION AND YOUR VISA IS EXPIRING SOON:
Auzworld Migration Pty Ltd
Ph: +61 2 9635 4744
Email: urmila@auzworld.com.au / manmohan@auzworld.com.au
Website: www.auzworldmigration.com.au
http://www.comlaw.gov.au/Details/F2014L00726
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